Complaint about police inaction

Each city is divided into sections and there are precinct inspectors called upon to ensure law and order in the territory entrusted to them. The district police officer must promptly respond to signals from ordinary people. If the local police officer does not respond to the application, the citizen can file a complaint and call the law enforcement officer to perform his duties.

You can find out how to find a district police officer from any lawyer. You can also find out where to complain about the local police officer. Knowledge of regulatory rules will allow a person to resolve the issue with the inspector and save his own time.

When will a complaint about the inaction of police officers help?

Violations of the law are not only facts of illegal actions, but also inaction to certain signals. Since the lack of response from the inspector is a violation of his job description and the law, citizens can file a complaint in court about the inaction of the police. Grounds for initiating proceedings:

  1. failure to comply with the requirements and standards for filling out forms and documentation;
  2. abuse of power in cases of detaining a person without evidence and lack of appropriate grounds;
  3. extortion of money for certain services or for concealing offenses;
  4. ignoring signals from citizens regarding identified offenses and others;
  5. other reasons for drawing up.

Rules for filing a complaint

There is no pre-established form for filing a complaint with the police or prosecutor's office when appealing against the actions of law enforcement officers, but the general rules of official correspondence and document flow must be followed.

The following information is indicated in the upper right part of the document:

  • addressee - the authority and full name of the official to whom the appeal is sent;
  • sender - full name, place of residence and contact information of the applicant.

After the text in the middle of the page, the title of the appeal and a brief description of the problem are indicated: “Complaint about the actions of a law enforcement officer,” “Statement about the inaction of a police officer.”

The statement should describe real events in detail, state the position in simple language and exclusively on the case, operate with facts, refer to existing evidence: photographs, videos, testimonies of witnesses ready to confirm the information.

In conclusion, the applicant indicates the requirements regarding the use of measures of influence on the offender. The appeal is signed and dated.

Where to file a complaint against the police?

A complaint about the inaction of police officers is submitted to a higher police chief, to a court or to the prosecutor's office. You can select one authority or send the document to all at once. Appealing to two authorities at once can significantly reduce the time spent on the trial process.

A preliminary appeal against police inaction can be made at the headquarters to which the department is subordinate. Within a month, the appeal is considered and action is taken on it.

USEFUL: watch a video with tips on filing a complaint

Complaint about unlawful actions of police officers

Samples of complaints about the inaction of police officers and their illegal actions are similar to each other in that they are not compiled according to a template. In this case, the applicant has the opportunity to choose whether to print them or print them and sign them. The general requirement is that the claim must be presented on sheet A4.

At the top is written the body to which the application is sent, and the specific official to whom it is addressed, for example, the full name of the head of the department. Then indicate the sender’s personal information, including address and contact phone number. The latter is not mandatory, however, it allows you to get in touch faster when scheduling checks on unscrupulous police officers. A complaint against the actions of police officers is written in the first person, the events are described in a logical order and without unnecessary information. The claim ends with a request to perform certain actions, namely, to establish guilt and impose punishment.

Only applications that have a date of submission noted at the bottom left will be accepted. Therefore, if you write by hand at home, put the date exactly on the day the claim is submitted.

How to file a complaint against the police?

There are no clear requirements on how to correctly write a complaint about the inaction of a local police officer or other police officer. The main criterion is to fill in the applicant's own data, since anonymous documents are not considered.

The document must also contain the following information:

  • detailed description of the situation,
  • the applicant's requirements,
  • name of the authority,
  • address, telephone number of the person who initiates the check,
  • norms of law that you think the police officer violated (this recommendation is not mandatory),
  • If a complaint is filed with the prosecutor's office about the inaction of the police, then it is required to indicate the address of this organization at the location of the station. Documents confirming the fact of violations must be attached to the application.

Methods for submitting an appeal:

  1. Personal submission . Contacting the recipient of the complaint directly with a request to register it in the incoming correspondence log and assigning a number.
  2. Electronic submission . Currently, each official website of regulatory authorities has a submission form, which can be conveniently used without leaving home.
  3. Russian Post or courier service . This method is chosen by those who do not trust filing via the Internet, and also do not have time to travel to the recipient of the complaint.

Where to file a complaint against the police

The decision on where exactly to apply is made by the applicant independently; it is even possible to apply to several authorities simultaneously. Samples of complaints to the police against the police and examples of statements to the prosecutor's office, court, and the Commissioner for Human Rights are not very different, but there are still differences and you need to know them in order to be sure of receiving an answer.

When it comes to corruption on the part of representatives of the Ministry of Internal Affairs, it makes sense to contact CSS employees using special hotlines 8 (495) 667-74-47 and 8-800-250-02-35.

To the prosecutor's office

The first thing you need to know is that you need to submit a document to the territorial department of the prosecutor’s office, clearly stating the details of all participants in the events and the essence of what happened:

  • date, time and place of the conflict;
  • violations that, in the applicant’s opinion, were committed by a law enforcement officer;
  • requirements to eliminate violations and hold certain officials accountable.

Those who plan to file a complaint in person must make two copies, one of which will remain with the recipient, and the second with the applicant with a mark of provision.

In the USB

An appeal to the Department of Internal Security can be called the most effective, provided that using the sample complaint against a local police officer, you write it correctly. In addition to anonymity, reasons for refusal to consider are meaningless content, repeated submission and the presence of obscene expressions in the text. To prevent CSS workers from being tempted to “miss” your claim, it is advisable to send it by letter with acknowledgment of delivery. Then, at a minimum, you can count on an audit to identify the inaction or unlawful actions of the police officer.

In the FSB

It is a misconception that you can complain about a police officer by writing a statement to the FSB. This body is focused on solving completely different problems and accepts only those complaints that are related to the behavior of their own employees.

To court

You can safely go to court with complaints against police officers. The reason may be illegal detention, inquiry, seizure of documents, a decision on a personal search, etc. In this case, a lawsuit is drawn up listing the demands and unlawful acts of the culprit, after which the court decides whether to open a case on the fact of violations or not.

Sample complaint about inaction of police officers

Prosecutor of Yekaterinburg

From a lawyer

Complaint about police inaction

in accordance with Art. Code of Criminal Procedure

for a decision to refuse to initiate criminal proceedings

District Commissioner of OP No. 7 Regional Ministry of Internal Affairs of Russia for the city of Yekaterinburg Art. Police Lieutenant V.V. a decision was made to refuse to initiate a criminal case based on the inspection material. This complaint about police inaction contains grounds for overturning the premature decision.

ATTENTION: Our criminal lawyer will help you defend against unlawful actions or inactions on the part of law enforcement agencies; there is now a complaint promotion, which has an advantageous offer and should not be ignored (more details at the link). A criminal lawyer always uses complaints in his arsenal of defenses in a criminal case, since only with their help can regulatory authorities learn about violations of the rights and freedoms of the suspect, accused or victim in the case. Petitions from a lawyer in criminal cases can be aimed both at suppressing the actions of the investigator and at raising the issue of the need to carry out additional investigative actions.

The decision to refuse to initiate criminal proceedings is illegal and unfounded. In this regard, I think it is necessary to check it for legality in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation, analyze the present complaint about the inaction of the police.

I believe that the act of A.V. in relation to my principal V.V. contains all the elements of a crime. Since A.V. claims that he has acquired ownership of residential premises - an apartment and rents it out to other citizens. He does not have documentary evidence of the transfer of ownership as required by law. He refers in his oral submissions to handwritten receipts, the existence of which has not been established. I believe that this is an unfounded justification, since the fact of their existence has not been established, and a handwriting examination has not been carried out to determine the fact that they were compiled in his own hand by the son of my client A.V.

Citizen A.V. doesn’t let V.V. in his home, which is legally registered in Rossreestr, where a certificate of registration of ownership of the specified apartment was issued.

This complaint about police inaction is filed in defense of rights. Currently, there is complete inaction on the part of the executive authorities to protect the constitutional right of my client.

The initiation of a criminal case was refused based on the words of citizen E.A., who indicated that she had been renting an apartment for 10 years, and citizen A.V., who indicated that he had receipts from A.V. about the transfer of funds for the apartment.

IMPORTANT: Our lawyer is ready to represent and defend your interests - protecting the victim is the direction of his legal activity. A complaint to the prosecutor is only one of the stages in building the protection of your rights.

We believe that a complaint about the inaction of the police will help to understand the truth of the case. The grounds for canceling the appealed decision to refuse to initiate a criminal case based on the inspection material from the year are:

  1. the inspection by the local commissioner of OP No. Regional Department of the Ministry of Internal Affairs for the city of Yekaterinburg was carried out superficially, since the documentary evidence of the words of the indicated persons was not taken into account. Citizen E.A. In general, she was brought to administrative responsibility under Art. Code of Administrative Offenses of the Russian Federation and does not have a rental agreement for residential premises confirming the fact of renting residential premises. In addition to this, citizen E.A. on the basis of current legislation, an obligation arises to register at the place of residence within 30 days from the moment of being on the territory of a subject that is not the citizen’s place of residence.
  2. Citizen A.V. has handwritten receipts from A.V. about transferring money to him for the apartment. Not a single mandatory condition for acquiring ownership of real estate by A.V. was not observed, therefore, he cannot have the powers of the owner, namely possession, use, disposal of the specified apartment. Moreover, district commissioner V.V. The very fact of the existence of these receipts is not clear, which indicates the superficiality of the check on his part.
  3. Also, the district commissioner, during the inspection and visit to the address, did not establish the number and composition of those currently living in the specified apartment and the basis for the right of residence of these unidentified persons.
  4. During the inspection, the district commissioner was satisfied only with an oral questioning of citizen E.A. and citizen A.V. I believe that, at a minimum, it was necessary to obtain written explanations from the above persons.
  5. Upon receiving an application from V.V. explanations and documents confirming ownership of the previously indicated apartment were not taken into account, namely the certificate of registration of ownership of the apartment.
  6. Based on the veracity of A.V.’s testimony. and the authenticity of the receipts received from A.V. I think it is necessary to conduct a handwriting examination. I believe that the receipts received, if any, were not written in A.V.’s own handwriting, but the circumstances of the entry into A.V.’s apartment. illegal and unlawful.

Based on the above, I believe that the decision to refuse to initiate a criminal case is unfounded, illegal, unmotivated, and absolutely far-fetched.

Based on the above and guided by the law, I believe that the complaint about the inaction of the police should be satisfied.

ASK:

  • cancel the decision to refuse to initiate a criminal case and initiate a criminal case against A.V.
  • oblige to interrogate persons brought to criminal liability and persons who illegally reside in the specified apartment.
  • request and conduct a handwriting examination to determine the consistency of A.V.’s handwriting. and handwriting on receipts.

Date, signature

Complaint to the prosecutor's office about the inaction of police officers

The prosecutor has the right to request from police officers any material, any criminal case, study it, check it (Order of the Prosecutor General's Office of the Russian Federation No. 277 of September 5, 2011 “On the organization of prosecutorial supervision over the implementation of laws on the receipt and consideration of reports of crimes”).

If the prosecutor establishes any violations, then the police authority is given immediate instructions to eliminate them.

How to write a statement to the prosecutor's office about police inaction?

A complaint against a police officer is written in free form. In the appeal you must indicate to whom exactly the document is being sent, the full name of the person writing the complaint, and leave contact information. Next you need to state the essence of the problem.

By law, a person can complain about both the actions and inactions of a police officer.

Below is a sample complaint to the prosecutor's office about the inaction of a law enforcement officer:

To the prosecutor of the Oktyabrsky district of Omsk

Counselor of Justice 2nd class Spiridonov A.P.

from Starozhilov K.Yu., residing at:

Omsk, st. Raduzhnaya, 54, apt. 3 tel.: 8456587777

COMPLAINT

I ask you to check the actions of a police officer - Yu. B. Livanov (badge number - 233-ks) of Department No. 2 of the Eastern District of Omsk, who did not take any action in protecting my rights as an injured person.

On July 25, 2018, I contacted the police duty station No. 2 of the Eastern District of Omsk with a statement to prosecute citizen Izmailov K.S. under Art. 158 of the Criminal Code of the Russian Federation for theft.

So, Izmailov K.S., while in my apartment on July 10, 2018, stole money from me in the amount of 20 thousand rubles. He knew where the money was kept. Even before his arrival the money was there, but after he left it was gone. I provided the police officer on duty with the necessary evidence - a video from a security camera, which captured how Izmailov K.S. was looking for the right book where the money was, finds it, takes out the money and puts it in his pocket.

The circumstances set out in the application were checked by the local police commissioner K. L. Sidorov. However, the results of his check did not console me. He refused to issue a decision to initiate criminal proceedings. The district police officer conducted the inspection superficially, without paying attention to important circumstances, as well as evidence.

Then I wrote a statement addressed to Yu. B. Livanov, the head of the Omsk city police department. There was no response at all, although all deadlines for its consideration had long passed.

Based on the above, I request:

  1. Conduct a full and comprehensive audit of the actions of the head of the city police department, K. L. Sidorov.
  2. Conduct a check on the legality of the actions of district police officer K.L. Sidorov.
  3. Initiate a criminal case against Izmailov K.S.
  4. Provide me with a response to the consideration of the complaint in writing to the following address: Omsk, st. Raduzhnaya, 54, apt. 3, index 123456.

Applications:

  • a copy of the application addressed to the district police officer;
  • a copy of the decision to refuse to initiate criminal proceedings;
  • a copy of the application addressed to the chief of police;
  • video evidence of the theft.

09/30/2018 signature Starozhilov K. Yu.

Response measures

There are many different moments where lawlessness is committed by the police, but many citizens do not know their rights well, so they turn a blind eye. This is a grave mistake, because everyone should get what they deserve. Now you need to decide where you can complain. Firstly, the department itself, in which the dishonest employee serves. Secondly, the prosecutor's office, which is higher than the police. Although this is no less corrupt place. Thirdly, going to court. This is the best decision. Some kind of neutrality is already maintained here.

It is also worth pointing out that appealing to such an authority can take two forms. Or oral, where a person simply states the essence of the problem, but usually no consequences occur. Writing is another matter. Here everyone will have to fuss and try to punish the guilty. In this case, the consequences in most cases will be visible, and the “reward” will find its recipient.

The statement must end with a demand for accountability.

  • The application must indicate the date of submission. The signature of the applicant is also affixed.
  • You can download a sample complaint about the inaction of a police officer here. If you cannot appear to submit your appeal in person, you need to issue a registered letter with a receipt of mailing or even a notification. The answer should come within a month. Submitting an application through online resources You can also file a complaint via the Internet by going to the website https://MVD.rf/. Here is a list of Hotline telephone numbers for all Russian cities. A single telephone hotline of the Russian Federation, calls to which are free: 8-800-222-74-47. Please note: sometimes a more reliable method is to submit appeals to several authorities at once: the chief commander, the prosecutor's office, online, the investigative committee, the Ministry of Internal Affairs, the court.

Reason for application

A citizen can appeal the actions of a police officer that violate his rights. In addition, he has the right to declare dishonest performance of official duties, expressed in inaction, which is expressed, from the applicant’s point of view, in insufficiently careful conduct of operational search or investigative measures.

The options for inaction described below are direct violations of citizens' rights to security:

  • lack of response to requests for help or safety;
  • unmotivated evasion from initiating criminal prosecution;
  • reluctance to conduct an inspection at the request of a citizen, conducting a poor-quality inspection;
  • termination of work upon application after the initiation of a criminal case.

Actions that violate the rights of citizens:

  • disrespectful behavior, characterized by the use of insults in speech, physical coercion, coercion to pay a bribe;
  • illegal actions: arrest, interrogation, search;
  • failure to comply with the obligation to state the name, position, reason for the appeal and failure to provide official identification.

Watch the video. On the procedure for filing a complaint against the actions and inactions of Police officers:

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